Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and BrainBuilder LLC (“BrainBuilder,” “we,” “us,” or “our”), the operator of SmartStrength (the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who we are

SmartStrength is a web application operated by BrainBuilder LLC, a Texas limited liability company, that helps personal trainers and athletes plan, track, and review strength-training programs. The Service may include AI-generated program suggestions, workout logging, nutrition and recovery tracking, and messaging between trainers and their clients.

2. Eligibility

You must be at least 18 years old to create an account. By using the Service, you represent that you are 18 or older and that you have the legal capacity to enter into this agreement. If you are a personal trainer using the Service to coach minors, you are solely responsible for obtaining parental or guardian consent and for complying with any applicable laws.

3. Your account

You are responsible for keeping your login credentials secure and for all activity that happens under your account. Notify us immediately at support@brainbuilder.io if you suspect any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to other users or the Service.

4. Paid plans and billing

Some features of the Service require a paid subscription. If you subscribe, you authorize us (or our payment processor) to charge the payment method on file on a recurring basis until you cancel. Fees are quoted in U.S. dollars and are non-refundable except where required by law. You may cancel at any time from your account settings; cancellation stops future charges but does not refund the current billing period.

5. Assumption of risk

Strength training and physical exercise involve inherent risks, including but not limited to muscle strain, joint injury, fractures, cardiovascular events, and in rare cases, death. By using the Service, you acknowledge and voluntarily assume all risks associated with exercising based on programs, suggestions, or information provided through the Service.

You agree that you are solely responsible for:

• Determining whether any exercise or program is appropriate for you;
• Consulting with a qualified physician before starting any exercise program;
• Using proper form, appropriate weights, and safe equipment;
• Listening to your body and stopping immediately if you feel pain, dizziness, or discomfort;
• Ensuring you have any necessary spotters, coaches, or safety equipment.

6. Not medical advice

The Service, including any AI-generated program suggestions, is not medical advice, diagnosis, or treatment, and is not a substitute for professional medical guidance. See our Medical Disclaimer. Do not disregard professional medical advice or delay seeking it because of anything you read or receive through the Service.

7. Trainer-client relationships

If you use the Service as a personal trainer (“Trainer”) to program for clients, you are an independent professional and not an employee, agent, or representative of BrainBuilder. You are solely responsible for the programs you create, the advice you give your clients, your own certifications and insurance, and compliance with any laws that apply to your fitness practice. BrainBuilder does not supervise, endorse, or guarantee the competence of any Trainer on the Service.

If you use the Service as an athlete or client (“Athlete”) working with a Trainer on the platform, your relationship is directly with that Trainer. BrainBuilder is not a party to that relationship and is not responsible for the Trainer’s conduct, advice, or programming.

8. AI-generated content

Some tiers of the Service use artificial intelligence to generate training programs, exercise suggestions, or nutrition analysis. AI output can be inaccurate, inappropriate, or outdated. You must use your own judgment before acting on any AI-generated content. BrainBuilder makes no warranty that AI-generated content is safe, effective, or suitable for you.

9. User content

You retain ownership of content you upload to the Service (workout logs, meal entries, messages, notes, etc.). You grant BrainBuilder a worldwide, royalty-free license to host, display, and process that content solely for the purpose of operating and improving the Service. You represent that you have the right to share any content you upload and that it does not violate any law or third-party right.

10. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose;
• Upload content that is defamatory, harassing, obscene, or infringes another person’s rights;
• Attempt to gain unauthorized access to the Service or other users’ accounts;
• Reverse engineer, scrape, or copy the Service except as permitted by law;
• Resell or sublicense access to the Service without our written permission.

11. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. BrainBuilder does not warrant that the Service will be uninterrupted, secure, or error-free, or that any content or AI-generated output is accurate, complete, or suitable for your needs.

12. Limitation of liability

To the fullest extent permitted by law, BrainBuilder LLC and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service, any injury sustained while exercising, or any content or advice obtained through the Service, even if we have been advised of the possibility of such damages. Our total liability for any claim arising out of or related to the Service will not exceed the greater of (a) the amounts you paid us in the twelve months before the claim, or (b) one hundred U.S. dollars ($100).

13. Indemnification

You agree to indemnify and hold BrainBuilder LLC harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party, including claims brought by your clients if you are a Trainer.

14. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or for any reason with reasonable notice. Upon termination, your right to use the Service ends, but sections 5, 6, 11, 12, 13, 15, and 16 will survive.

15. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in Collin County, Texas, and you consent to the personal jurisdiction of those courts.

16. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least seven (7) days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Contact

Questions about these Terms? Email us at support@brainbuilder.io.